11102025 PB 25 04 76 Ashland Ave Planning Report 2

Memorandum Page 8 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com Conditional Use Requirements: Licensed Cannabis Entities (§25-24.2(b)(2)(o)) Ordinance Requirements Proposed one (1) total parking space per 1,000 square feet of gross floor area: Proposed building at 76 Ashland Avenue: 17,341 gross square feet / 1,000 SF per space = 18 parking spaces Operation No Licensed Cannabis Entity shall be allowed to operate as a Home Occupation Complies. Signage Subject to the approval from either the Board with jurisdiction, under the guidelines and standards governing commercial signs as set forth within the Township Municipal Code. No signage is proposed. Signage is not considered part of this application, if at a later time signage is proposed, applicant is required to make a separate application. Security A Licensed Cannabis Entity shall meet all of the required security measures as set forth in Chapter 5, Section 5-34 of the Township of West Orange Municipal Code Applicant has not submitted any kind of security plan to confirm compliance with this requirement. This shall be submitted. Cannabis Consumption Areas Cannabis Consumption Areas, as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq., shall be prohibited from all Licensed Cannabis Entities. Applicant shall confirm. The following noted: a. The Applicant obtained a Conditional License dated July 13, 2022, from the State of New Jersey Cannabis Regulatory Commission (CRC) as a Class 2 Cannabis Manufacturer and a Conditional License elated July 29, 2022 for a Class 1 Cannabis Cultivator. The applicant should clarify the

Memorandum Page 9 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com status of their State license and confirm that it has not expired. A copy of all licenses shall be submitted to the Township Planning Division. b. The applicant shall confirm that the proposed application meets all of the requirements outlined in Chapter 5, Article VII, “Cannabis Licenses,” of the Township’s Ordinance. A Copy of approved local license shall be provided to the Planning Division. c. It appears adjacent lots, Lots 32 and 34, Block 62, is to be used for egress from the site, additionally, it is noted a shed is to be removed for Lot 32. These two lots shall be part of the application. Additionally, a copy of the easements shall be provided to Board Engineer and Board Attorney for approval. A circulation diagram showing the vehicle as well as truck circulation from the site should be provided. d. A state of operations including # of employees, hours of operations, shift timings; security operations plan, waste management plan, odor control plan, number of deliveries and other such operational details should be provided. e. A security Plan for the proposed facility, along with handling and delivery of materials shall be provided. Such Security Plan shall be approved by Township of West Orange Police Department. f. Applicant shall provide the list of materials to be stored on site including chemicals, pesticides, fertilizers, or other potentially hazardous materials that are expected to be used in the cultivation process and any repair materials along with their quantity. Location of where these materials are to be stored is also to be provided. This list shall be provided to the Township of West Orange Fire Department for their approval. g. Since this is rehabilitation of an existing building, applicant should confirm the building retrofitting shall meet all Fire-Sub Code Official requirements. We defer to the Building department to confirm these items. Additionally, applicant should discuss how the dust and sound shall be handled during retrofitting especially due to existing residential use on the property.

Memorandum Page 10 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com 5. Site Plan Review: The following is noted: I Industry Zone (Chapter 25 Attachment 3) Ordinance Requirements Existing Proposed Min. Lot Area 10,000 SF ~ 38,500 SF No change Min Lot Frontage/Width No minimum 176.7’ No change Min. Front Setback None required N/A No change Min. Side Setback None required but 6 feet when provided 10 feet adjacent to residence < 10 feet (Abuts residential properties to the north, along Park Avenue) (ENC) No change (ENC) Min. Rear Setback 30 feet > 30 feet No change Max. Building Height 65 feet TBD No change Max. Building Cover 60% 31.8% (V) Unclear; applicant to confirm Max. Impervious Cover 75% 99.5 (V) Unclear; applicant to confirm. ENC = Existing non-conforming condition V = Bulk variance required( a. The calculation of Building Coverage and Impervious Coverage should be provided. Applicant should confirm if the Building Coverage includes all the four(4) buildings, further, calculations of impervious coverage should be confirmed. b. Applicant should identify what spaces shall be for the residential and the deli store on the site. How they will be identified and how will they egress out of site. Will they have to egress out of Lot 32 and 34 and do they have access to the gate to the rear of the property? 6. Landscaping and Fencing Along the eastern façade of the building and in sections of the parking lot, planter boxes are proposed. Trees are not proposed along the street frontage. The site plans note that the existing chain link fencing which separates the rear yards of the existing dwelling and deli on the site are to remain. Additionally, new 6-foot-tall chain link fencing will be placed to separate the property from Lot 21 to the south and Lot 32 and

Memorandum Page 11 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com 34 to the east. A gate will be installed to provide access from the subject property to Lots 32 and 34. The site plan drawings also denote that an existing shed on Lot 32 will be removed. Walls and Fences (§25-8.4) Ordinance Requirements Existing Proposed Fence Height Side and rear yards: 6 feet Unclear Maintain existing and propose new 6 feet chain link fencing Prohibited Fence Material The use of barbed and/or razor wire is prohibited in all districts Unclear Applicant to confirm; the 3D perspective shows barbed wire this should be confirmed. The following is noted: a. All the existing and proposed landscaping on the site should be provided. The existing shrubs along the north of the existing deli building should be provided. b. Due to the proximity of these shrubs along the building and perimeter of this site, we recommend that at least two years maintenance of this planting should be required. c. Th entire site that along the proposed Cannabis Use has existing and proposed chain link fence. How tall is the existing fencing that is proposed to be maintained? Per the Township Ordinance, a maximum height of 6 feet is permitted. The 3D image shows barbed wire above the fencing, this should be removed. d. The proposed HVAC units proposed atop the existing canopy are to be enclosed with 8 ft tall chain link fence atop an 8 ft tall solid metal fence. This is recommended to be removed, and a more cohesive type of visual barrier for mechanical equipment be proposed. e. With all the fencing proposed, applicant should confirm who has access to the rear of the site and front of the lot. Are the 8 parking spaces in the front of the lot reserved for particular use? f. Further it appears to the rear of the Deli building, an elevated dock is shown. With the proposed parking, will this use lose access to their loading/unloading space? 7. Architectural Plans: a. The applicant shall confirm the gross floor area of the building: the architectural drawings indicate a gross floor area of 17,341 square feet, while the site plan indicates 18,800 square feet. The drawings shall be amended accordingly. b. The applicant should provide detailed testimony on the proposed façade of the building. As it appears, the building is dilapidated shape and

square feet. The drawings shall be amended accordingly. b. The applicant should provide detailed testimony on the proposed façade of the building. As it appears, the building is dilapidated shape and update to the building façade is recommended.

Memorandum Page 12 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com c. The applicant should provide where is ADA ramp to access the building is provided, it appears ADA space is provided along the front and side of the building but no ramp is provided. d. A door to the norther façade of the building elevation is shown, however it appears there is not enough room to exit from there, applicant should confirm if this door is needed. e. There are two ground mounted generators are proposed with 6 inch pipe bollard in front of it. No fencing to provide visual buffering is proposed. Additionally, applicant should confirm if the generator meets the state sound regulation requirement, and complies with the Township’s Noise Ordinance (§4- 4). 8. Lighting A total of seven (7) different exterior lighting fixtures are proposed for the subject property. Fixtures will be placed along each façade of the brick building, and light poles are proposed throughout the parking area. Further, wall-mounted fixtures are proposed on the existing two-story dwelling to illuminate the ingress- only driveway, and along the main entrance to the two-story metal building. Following are our comments on the proposed lighting: Minimum Levels of Illumination for I District (§25-14.3) Requirement Proposed Pedestrian Walkways 0.4 footcandles minimum throughout > 0.4 fc Parking Areas 1.0 footcandle minimum throughout < 1.0 fc periodically (V) Streets 0.06 footcandle minimum throughout Applicant to confirm a. The applicant should revise the lighting plans to eliminate any light spillage on lots outside of the subject property and adjacent egress Lots 32 and 34. b. Lighting needs to be provided along the egress driveway from Park Avenue; this is not currently shown on the lighting plan. c. The applicant shall confirm compliance with the following illumination standard in §25-14.3: a. Minimum street illumination for developments in the I Industry District: 0.06 fc. 9. Parking and Site Circulation The applicant proposes to maintain the eight (8) parking spaces accessed from Ashland Avenue, and the existing circulation flow for this lot (i.e., access is not provided to the rest of the site, only to/from Ashland Avenue). One (1) of these parking spaces will become ADA accessible.

Memorandum Page 13 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com Beyond these existing spaces, a total of 30 off-street and three (3) on-street parking spaces are depicted on the proposed site plan. Eight (8) of these new off-street parking spaces, which include one (1) electric vehicle space and one (1) ADA parking space, will be reserved for the two-story metal building/Yerr Canna application. Signage will denote these spaces as such. Eighteen new parking spaces surround the building for the current application, which includes another ADA-accessible space and two (2) compact cars. The four (4) remaining parking spaces are located in the rear yard of the existing two-story frame dwelling, to be separated by chain link fencing from the rest of the lot. Further, fire lane striping will be located along the driveway from Ashland Avenue, in front of the metal building from the 24-05/Yerr Canna application. The applicant proposes to maintain the second driveway from Ashland Avenue, located along its western boundary, as ingress-only. The site’s proposed egress extends across Lots 32 and 34 of Block 62 and leads to Park Avenue. Access to the site along both of these driveways will be regulated by chain link fencing and gates. Parking and Loading Space Requirements (§25-12) Ordinance Requirements Existing Proposed Sidewalks (§25-12.1) 5-foot-wide between any building and a parking area or drive used by the public. N/A None (V) Drive Aisle Width (§25- 12.1) All driveways for two- way traffic shall be a minimum of 24 feet wide N/A Unclear. Applicant to confirm. Parking Space Location (§25-12.1) Off-street parking facilities may be placed in the front yard, provided that it is at no point closer to the public right-of-way than 1/2 the setback < 25 feet (ENC) No change (V)

Memorandum Page 14 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com requirement or 50 feet, whichever is less. Parking Space Size (§25-12.1) Standard size parking spaces shall have minimum dimensions of 9 feet by 18 feet N/A Complies. Regulations Requirement Existing Proposed Minimum Number of Off-Street Parking Spaces* (§25-12.2) Two-family dwelling: 1.5 spaces per 2-bedroom unit = 3 spaces + Deli (9 seats and 1,200 SF): 1 per 250 square feet of gross floor area. Food service uses such as delis, bakeries and coffee shops with on-site seating shall add 1 additional space for every 3 seats = 5 spaces + 3 additional spaces = 8 spaces + Previous Yerr Canna application for cannabis cultivation facility: 1 parking space per 1,000 SF of gross floor area: 9,390-square-foot building = 10 spaces + Current application for cannabis cultivator and manufacturer facility: 1 parking space per 1,000 SF of N/A 38 total off-street spaces (V)*

Memorandum Page 15 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com gross floor area: 17,341- square-foot building = 18 parking spaces = 39 total off-street spaces for the site *parking compliance is required at a minimum to show compliance with conditional use parking. Regulations Requirement Existing Proposed Minimum Loading Spaces (§25-12.3) Manufacturing/warehouse: Up to 15,000 square feet of gross floor area = 1 loading space Fifteen thousand to 30,000 feet = 2 loading spaces  Current application: 2 loading spaces  Yerr Canna application: 1 loading space N/A 0 loading spaces (V) Supplemental Parking and Loading Space Regulations (§25-12.4) An access drive to an off- street parking area or truck- loading space may be located within a required side yard, but shall not be located within five feet of a side lot line Does not comply (ENC) No change (V) Required Electric Vehicle Parking Spaces (§25-12.6) Parking lots with less than 50 spaces: 1 make-ready parking space N/A 1 make-ready space ENC = Existing non-conforming condition V = Bulk variance required

Memorandum Page 16 of 18 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com * The number of bedrooms within each residential unit, as well as the number of existing seats and square footage of the deli were provided on the submitted site plan drawings. The applicant shall provide testimony confirming these numbers. a. Will there be any commercial vehicles parked on site? b. The applicant shall provide testimony regarding: b. The frequency of deliveries expected to the site and intended location for such delivery trucks to park (no loading spaces are proposed). c. Will either of the gates be attended? How will access to the property be granted? d. The applicant shall clarify any proposed security or locking mechanisms on the gates at both the ingress-only driveway and the ingress-egress driveway through Lots 32 and 34 and onto Park Avenue. e. The applicant shall confirm the width of the proposed driveways and add this information to the proposed site plans. Per §25-12.1, the minimum width for two-way driveways is 24 feet. Additional variance relief may be required. f. 10. Waste Management Plan The applicant should provide a detailed report on waste management on site. No outdoor trash enclosure is noted on the site plan. Detailed report should include operations of how Cannabis and non-Cannabis waste is to be removed from the site. If exterior dumpsters are proposed compliance with section 25-11.4 should be provided. 11. Variances and Waivers Required: Bulk/”C” Variances 1. Applicant should confirm these are pre-existing non-confirming variance: a. Insufficient Side Yard Setback (Chapter 25 Attachment 3) – A minimum side yard setback of 10 feet is required when adjacent to residences, where less than 10 feet exists, and is proposed to remain. b. Prohibited Parking Space Location (§25-12.1) – Where parking spaces are not permitted within 25 feet of the public right-of-way along Ashland Avenue, parking spaces exist within this setback and are proposed to remain. c. Prohibited Access Drive Location (§25-12.1) – Where access driveways are not permitted within 5 feet of a side lot line, a driveway exists within this setback and is proposed to remain.